American Geological Institute

Government Affairs Program

Update on Western Water Policy (7-16-98)

The President's Western Water
Policy Review Advisory Commission, led by Chairman Denise Fort, recently
issued a report on western water policy for the new millennium. Water
in the West: The Challenge for the Next Century focused on how increased
population, decreased groundwater levels, social/political misunderstandings,
and ruined river ecosystems have influenced the handling of water resources
in the western states. The Commission stated that in the future,
agricultural uses of water should be transferred to the needs of growing
urban areas. Yet Mr. Patrick O'Toole, the only agricultural representative
on the panel, wrote in his minority report that he cannot vote for the
majority report because of "its insistent tone on accepting...the inevitable
transition of water use from agriculture to other uses." Other recommendations
of the group include: a national campaign to rebuild river ecosystems,
the development of new solutions to combat pollution from agricultural
sources, the encouragement of sustainable use of water, and the preservation
of commitments to tribal governments on water resources.

Title XXX
of Public Law 102-575 authorized the President to conduct a review of the
federal activities that influence water resources in the western US.
This order, combined with statistics showing that "nine out of the 10 most
rapidly growing states in the nation are in the West and [that] the region
is expected to add another 28 million residents by 2025," encouraged the
formation of a Commission
in 1995. Secretary of the Interior Bruce Babbitt created this group
of advisors which is comprised of various representatives. In
addition to Babbitt, the Commission includes the Secretary of the Army,
eight presidentially appointed citizens, and 12 congressional members--
the Chairmen and Ranking Minority Members of the House and Senate Committees
on Appropriations, the Senate Committee on Energy and Natural Resources,
the Senate Subcommittee on Water and Power, the House Committee on Resources,
and the House Committee on Public Works and Transportation. In order
to meet the President's goal of proposing recommendations for the appropriate
role of the federal government in western water management for the new
millennium, the Commission organized research studies and symposiums and
gathered expert testimony.

The report concluded that the preexisting conditions of unhealthy water
quality and urban development would eventually strain Western water resources
because of the expected population growth in such cities like Denver, Phoenix,
and Dallas. Part of the reason these problems have not been solved
is because of the lack of political coordination and detailed policy.
To oversee water resources in the future, institutional changes must occur
and the geographic and economic diversity of each city must be addressed
through regional solutions.

In Principles of Water Management for the 21st Century, the Commission
outlined several principles that will guide them in dealing with Western
water resources. The main principle for the Commission concerned
the sustainable use of water and the guarantee that development did not
exhaust water resources. Furthermore, the Commission acknowledged
that governmental cooperation at all levels is necessary to support national
standards for water quality and to devise economic incentives (i.e., public
and private partnerships) to achieve these goals. In order to facilitate
cooperation among governmental powers, agencies must uphold treaties with
tribes and recognize tribal rights to water. To make state and federal
water programs more efficient, the Commission believed that groups should
"organize or integrate water planning, programs, agencies, funding, and
decision making around natural systems--the watersheds and river basins."
Decisions made concerning the natural system and the proper use of resources
must be based on the best data, taking into account scientific, economic,
and social values as well as including information from government and
stakeholders.

In addition to the Principles for Water Management program, the
Commission also supported the notion of creating a new governance structure
for watersheds and river basins. For the federal government, the
new challenge is to encourage local participation and innovation among
stakeholders and to formulate proposals that create a national policy of
interagency coordination that helps federal agencies organize their programs
throughout hydrologic regions. The Commission held that federal resource
agencies should be restructured, containing "regional flexibility, participation
of all affected stakeholders in formulating joint programs to carry through
shared objectives, and recognition that intensive interaction among federal,
state, tribal, and local governmental entities and stakeholders is essential
to design durable solutions." To accomplish this task, federal agencies
should coordinate their programs within river basins. River basin
forums can effectively communicate objectives, sources of funding, and
budget organization from the basin level to local watershed agencies.
Specific recommendations include a basin trust fund, a new way of governing
based on hydrologic systems, a connection with watershed councils, a reliance
on adaptive management, a number of planned activities between federal
and local government, and a detailed basin-level objective.

The Commission also addressed the problems of water quality and the
aquatic ecosystem in the American West. In general, the Commission
approved of using ecological risk assessments to determine rivers in need
of federal support for restoration. Improving the aquatic ecosystem
means not only enhancing water quality but also protecting endangered species,
preventing the spread of pests, sustaining native species, fostering adequate
instream flows, and rejuvenating contaminated areas. For the Commission,
water quality monitoring must be expanded and the western ephemeral streams
should have more protective water quality criteria. To combat pollution,
states need to introduce aggressive nonpoint source programs that encourage
best land management policies. Specifically, the Commission welcomed
all land management groups to develop goals that will eliminate pollution
from irrigation drainage districts and animal-feeding operations.
These feedlots along with pollutants displaced into groundwater should
be placed under the National Pollutant Discharge Elimination System (NPDES).

Besides reducing pollution, the Commission recommended other ways to
manage and preserve Western water resources. Such methods included
offstream storage, water conservation and efficiency, water recycling,
and conjunctive use of surface and groundwater. In terms of ground
water, the Commission believes that Congress must "require state conjunctive
management of groundwater and regulation of withdrawals as a condition
of federal financial assistance for construction of new water storage projects
or other federally funded activities." Surface water too should be
maintained through dam assessments and reports submitted to Congress.
Lastly, federal groups could encourage voluntary water transfers in addition
to the other methods designed to manage water resources.

Probably the most challenging task of water management identified in
the report is flood plain management. The Commission sought full
participation from all agencies to develop preventive options such as permanent
evacuation from heavily flooded areas and flood warning. In
addition, the Commission developed a strict policy on flood-plain
development and disaster relief. According to the report, the federal
government cannot support construction in flood plains nor make available
federal disaster aid to persons who have failed to buy flood insurance.
Furthermore, the Commission would like special benefits for areas that
partake in flood-plain management planning and would appreciate innovative
solutions to control flooding, e.g. government control of flood-plain lands.
Lastly, there must be more equal cost sharing for funding control programs
among the various levels of government.

Overall, the Commission suggested that Congress and federal water agencies
help maintain water resource management in a variety of ways. Government
should recognize its role in funding for research programs and in maintaining
federal water infrastructure. Part of this responsibility included
cooperating with expert researchers. Besides bringing in an expert's
opinion, it is important for the United States Geological Survey (USGS)
and other governmental groups to continue tracking national water data.
If an important regional issue should arise, the Commission recommended
the designation of an individual who can work on behalf of the issue with
the President or Secretary of the Interior. The full written report
can be found at the Western Water
Policy Review Advisory Commission's website.

Western Water Policy Review Advisory Commission

Appointed MembersChairman Denise Fort, University of New Mexico Law School
Patty Beneke, Assistant Secretary for Water & Science, Department
of the Interior
Huali Chai, Law Offices of Huali G. Chai
John H. Davidson, University of South Dakota School of Law
John Echohawk, Native American Rights Fund
Janet Neuman, Northwestern School of Law-- Lewis and Clark College
Patrick O'Toole, Rancher
Jack Robertson, Bonneville Power Administration
Dr. John H. Zirschky, Deputy Assistant Secretary for Civil Works, Department
of the Army

Ex-Officio MembersHonorable Ted Stevens, Chairman of the Senate Committee on Appropriations
Honorable Robert C. Byrd, Ranking Minority Member of the Senate Committee
on Appropriations
Honorable Frank Murkowski, Chairman of the Senate Committee on Energy
and Natural Resources
Honorable Dale Bumpers, Ranking Minority Member of the Senate Committee
on Energy and Natural Resources
Honorable Jon Kyl, Chairman of the Senate Water and Power Subcommittee
Honorable Daniel K. Akaka, Ranking Minority Member of the Senate Water
and Power Subcommittee
Honorable Bob Livingston, Chairman of the House Committee on Appropriations
Honorable David R. Obey, Ranking Minority Member of the House Committee
on Appropriations
Honorable Don Young, Chairman of the House Committee on Resources
Honorable George Miller, Ranking Minority Member of the House Committee
on Resources
Honorable Bud Shuster, Chairman of the House Committee on Transportation
and Infrastructure
Honorable James L. Oberstar, Ranking Minority Member of the House Committee
on Transportation and Infrastructure

Sources: The Washington Post, The Western Water Policy Review Advisory
Commission
Please send any comments or requests for information to the AGI Government Affairs Program.